19.l73 An Ordinance to Allow Change from One Conforming Use to Another - FINAL Certified
City of Northampton
MASSACHUSETTS
In the Year Two Thousand Nineteen
Upon the Recommendation of Mayor David J. Narkewicz and Planning & Sustainability
An Ordinance of the City of Northampton, Massachusetts,
providing that the Code of Ordinances, City of Northampton, Massachusetts, be amended by changing
Section 350-9.3 B1& 2 to be consistent with other sections of 9.3.
Be it ordained by the City Council of the City of Northampton, in City Council assembled, as follows:
Amend as shown
§350-9.3 Change, extension or alteration of legally preexisting nonconforming structures, uses, or
lots.
Legally preexisting nonconforming structures, uses, or lots may be changed, extended or altered as set
forth below, except as noted in § 350-9.2A above. If a use is not eligible under one subsection, proceed
to the next subsection.
B. A conforming use on a preexisting nonconforming lot: A conforming use on such a lot may be
changed, extended or altered:
(1) As-of-right to the same conforming use in a conforming structure, which meets all the dimensional,
and density provisions of the current zoning, except for the pre-existing non-conforming dimensional
elements.
(2) With a finding from the Zoning Board of Appeals when said change, extension or alteration is to a
different conforming use which a) meets all the dimensional and density provisions of the current
zoning, except for the pre-existing non-conforming dimensional elements and b) does not trigger a
review under other sections of the Zoning Ordinance by any other Board. When no other board is
required to review the proposed change, extension or alteration, the Zoning Board shall make a Finding
as defined in 9.2B. If the proposal triggers review by another Board under subsection b, above, no ZBA
finding shall be required.
19.173
In City Council, April 2, 2020
Passed First Reading on Roll Call Vote of 7 Yes, 1 No, 1 Absent (Councilor Quinlan opposed, Councilor Foster absent)
Attest: __________________________________________________, Clerk of Council
In City Council, April 16, 2020
Passed Second Reading on Roll Call Vote of 8 Yes, 1 No, 0 Absent (Councilor Quinlan opposed)
Attest: ___________________________________________________, Clerk of Council
Approved: David J. Narkewicz, Mayor
Passed two readings, ordained and enrolled.
I hereby certify that the above Ordinance passed the Northampton City Council on April 16, 2020
David J. Narkewicz, Mayor approved the Ordinance on April 19, 2020
Attest: ___________________________________________________, Clerk of Council